HomeMy WebLinkAbout04/28/1993 MINUTES CCBAKERSFIELD CITY COUNCIL ~[ ~)~
MINUTES
MEETING OF APRIL 28, 1993
WORKSHOP - 5:15 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
None
ACTION TAKEN
BUDGET.
City Manager Tandy provided a budget
update. The formalized printed budget
will be distributed May 12, 1993. The
budget is balanced premised upon two
factors which are yet pending: 3-5%
increase in Cable Franchise Fee and PERS
rate changes. An annual update on MSI
changes will be presented May 12, 1993
Staff has attempted to balance the budget
through a combination of expenditure
decreases and rate and fee increases. Staff
has done an outstanding job in contributing
ideas that help to bring the budget into
balance while minimizing the direct negative
consequences to the service operations. At
this time, 12 employees have taken advantage
of the Golden Handshake.
3. CDBG BUDGET RECOMMENDATIONS.
Economic Development Director Wager
updated Council on the application being
considered to HUD and presented CDBG
Budget recommendations.
CLOSED SESSION
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the case of Deja Vu, et al.
vs. City of Bakersfield.
NAT
193
Bakersfield, California, April 28, 1993 Page 2
CLOSED SESSION continued
ACTION TAKE~
2 o
Closed Session pursuant to Government Code
Section 54956.9(a) regarding pending
litigation in the case of Hostmyer vs. City
of Bakersfield.
AUTHORIZED
OUtSIDE OOUNSEL
TO SA'I'I~E CASE
3. Closed Session pursuant to Government Code NAT
Section 54956.9(b) (1) regarding potential
litigation.
Motion by McDermott to recess to Closed
Session at 6:10 p.m.
APPROVED
REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield
1. INVOCATION by Chaplain Ed Meissner, First Assembly of God Church.
PLEDGE OF ALLEGIANCE
Mayor Price read a statement regarding
Cesar Chavez and observed a moment of
silence.
3 o
ROkk CArL
Present:
Absent:
Mayor Price, Councilmembers
McDermott, Edwards, DeMond,
Smith, Brunni, Kane, Salvaggio
None
ACTION TAKEN
CLOSED SESSION ACTION
Mayor Price announced the Closed Session
action as reflected on Pages 1 & 2.
Motion by DeMond to adjourn to Closed
Session at the end of the Regular Meeting.
APPROVED
PRESENTATIONS
Mayor Price presented a retirement plaque
to Water & Sanitation Manager Dow in
recognition of 23 years of service to
the city of Bakersfield.
Bakersfield, California, April 28, 1993
Page 3
6. PUBUC STATEMENTS
ACTION TAKEN
Paul Castro and Adrienne Herd requested
a resolution supporting the Family
Self-Sufficiency Program.
Motion by McDermott to refer to staff
and come back with appropriate
recommendation to Council.
APPROVED
do
Harold Rowel, Academy for Youth
Development, thanked Mayor Price
letter of support.
for
Helizabeth Washington, Academy for
Youth, thanked Councilmember Edwards
for support and donation.
Clay Koerner, Employee Benefit
Consultant, spoke regarding Internal
Revenue Code Section 125 Program.
Brunni referred to City Manager the
issue of Internal Revenue Code Section
125 Program.
Ben Stinson requested a change in the
marking pen (graffiti) ordinance.
(Public Statement continued on Page 9)
13.
COUNCILSTATEMENTS
Motion by Salvaggio to move his Council
Statement forward on the Agenda.
APPROVED
NS MCDERMOTT
Salvaggio dedicated his Council Statement
to the memory and legacy of Cesar Chavez
and read a prepared statement.
7. APPOINTMENTS
CONSENTCALENDAR
ao
Approval of Voucher Nos. 8423 to 8936
inclusive, in the amount of
$2,334,936.37 and Self Insurance
Voucher Nos. 2263 to 2386 inclusive,
in the amount of $117,637.90.
Bakersfield, California, April 28, 1993 Page 4
8. CONSENT CALENDAR continued
ACTION TAKEN
Minutes of Workshop, Closed Session
and Regular Meeting of April 14, 1993.
Correspondence received from David
Ginn, developer, regarding the Rio
Bravo Cycle Complex.
(Receive and place on file)
eJ
Full Reconveyance for Home Improvement
Loan for Thomas and Mattie Robertson,
1120 Eureka Street. (Ward 1)
Notices of Completion and acceptance of
work for:
Contract No. 91-190 with Renfrow,
Inc. for Tract No. 5068, Unit C,
landscaping, southwest of Hageman
Road and Calloway Drive, completed
March 29, 1993.
2 o
Contract No. 91-004 with William &
Patty Alexander and Dewayne &
Joanne Adams for Tract No. 5156,
landscaping, northeast of Auburn
and Eissler Streets, completed
April 2, 1993.
3 o
Contract No. 91-195 with American
West Lands Company for Tract No.
5488, Units A & B, landscaping,
northeast of Brimhall Road and
Calloway Drive, completed March
19, 1993.
4 o
Contract No. 92-102 with Kyle
Carter Homes, Inc. for Tract No.
5504, Phase I, landscaping,
northwest of Calloway Drive and
Meacham Road, completed March 17,
1993.
Resolution authorizing the issuance,
sale and delivery of not to exceed
$25,000,000 City of Bakersfield
Hospital Revenue Bonds (Adventist
Health System/West), Series 1993,
and taking certain other actions in
connection with the foregoing.
DEED 3695
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California, April 28, 1993 - Page 5
19i;
8. CONSENTCALENDAR continued
ACTION TAKEN
Purchase Agreement ($30,000) with
Tract 5445 Partners for vacant land
located at 9411 Seabeck Avenue for
a water well site. (Ward 4)
Cooperative Agreement with State of
California Department of Transportation
and Cooperative Agreement with Caloak
Development Properties, Inc., for
widening of State Highway 99 at the
A.T.& S.F. Railroad Overcrossing.
(Ward 5)
First Amendment to Agreement No. 91-270
with Dennis E,. Hummel for project
engineering services to widen Coffee
Road between Truxtun Avenue and
Brimhall Road. (Ward 4)
Amendment to Agreement No. PW91-52 with
Moore & Taber, Geotechnical Engineers &
Geologists, Inc. for materials testing
to widen Coffee Road between Truxtun
Avenue and Brimhall Road. (Ward 4)
Accept bids from Jim Burke Ford (18
vehicles, $335,001.22), Motor City GMC
(10 vehicles, $138,585.21), Three-Way
Chevrolet (2 vehicles, $31,647.31),
Liberty Truck Center (1 vehicle,
$13,754.81) and State Contract (1
vehicle, $11,744.00) for one additional
and 31 replacement vehicles.
Motion by DeMond to adopt Items (a) through
(k) of the Consent Calendar with the
exception of Items f., h., i. and j.
AGR 93-81
DEED 3696
REMOVED FOR
SEPARATE
CONSIDERATIC~
REMOVED FOR
SEPARATE
CONSIDERATIC~
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Resolution authorizing the issuance,
sale and delivery of not to exceed
$25,000,000 City of Bakersfield
Hospital Revenue Bonds (Adventist
Health System/West), Series 1993,
and taking certain other actions in
connection with the foregoing.
Brunni was absent due to a conflict
of interest.
RES 45-93
AGR 93-78
AGR 93-79
AGR 93-80
Motion by McDermott to approve Item f. APPROVED
of the Consent Calendar. AB BRUNNI
· 19';
Bakersfield, California, April 28, 1993 - Page 6
8. CONSENTCALENDAR continued
ACTION TAKE~'
no
Cooperative Agreement with State of
California Department of Transportation
and Cooperative Agreement with Caloak
Development Properties, Inc., for
widening of State Highway 99 at the
A.T.& S.F. Railroad Overcrossing.
(Ward 5)
Motion by Kane to approve Item h. of
the Consent Calendar.
AGR 93-82
AGR 93-83
APPROVED
j o
First Amendment to Agreement No. 91-270
with Dennis E,. Hummel for project
engineering services to widen Coffee
Road between Truxtun Avenue and
Brimhall Road. (Ward 4)
Amendment to Agreement No. PW91-52 with
Moore & Taber, Geotechnical Engineers &
Geologists, Inc. for materials testing
to widen Coffee Road between Truxtun
Avenue and Brimhall Road. (Ward 4)
Motion by Brunni to approve Items i.
and j. of the Consent Calendar.
AGR 93-84
AGR 93-85
APPROVED
HEARINGS
Protest hearing as required by
Resolution of Intention 1104,
declaring the City to order the
establishment of Maintenance
District No. 5, Division 3,
(Hosking & South H Street). (Ward 6)
No one spoke at hearing. Hearing
closed.
RES 46-93
Motion by Salvaggio to adopt Resolution. APPROVED
AB EDWARDS
Bakersfield, California, April 28, 1993 - Page 7
9. HEARINGS continued
ACTION TAKEiN
Resolution adopting the Negative
Declaration and requesting the Kern
County Local Agency Formation
Commission (LAFCO) to approve a
revision of the City's Sphere of
Influence and find that such request
can be considered and studied as part
of the periodic review.
Communication has been received from
Cristina L. Sierra, Law Offices of
Adams, Duque & Hazeltine, Los Angeles,
in opposition to the Sphere of
Influence Amendment 1-93.
Motion by Brunni to delay hearing no
longer than 45 days with proper
notification.
APPROVED
AB EDWARDS
Resolution finding that certain weeds,
debris and waste matter on properties
in the city of Bakersfield constitute
a public nuisance and directing the
Chief of the Fire Department to abate
such nuisance. (Wards 1 & 3)
Properties located at:
Ward 1: 337 S. Haley Street;
southeast corner of S. Owens & Wilkins
Street; 1409 Potomac Street; northwest
corner of DeWolf & S. Brown Street;
910 O Street; 207 Clifton Street; 201
Clifton Street; 130 Clifton Street;
1201 Potomac Street; 122 Clyde Street;
228 Northrup Street; 1413 Murdock
Street; 228 Augusta Street; 129 S.
Owens Street; 1103 4th Street; 125
Northrup Street; 318 S. Haley Street;
901 L Street.
Ward 3: 3201 Berkeley Street.
Marvin Dean asked that his property
at 1201 Potomac be removed from the
list.
Hearing closed.
Motion by Edwards to adopt Resolution
confirming the Report of the Fire
Chief.
RES 47-93
APPROVED
19:)
Bakersfield,
California,
April 28,
1993 - Page 8
10. REPORTS
ACTION TAKE~I
11. DEFERRED BUSINESS
Ordinance amending Subsection H. of
Section 17.10.020 and repealing
Section 17.10.025 of the Bakersfield
Municipal Code relating to model homes
and associated tract sales offices in
the R-1 Zone District.
Do
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 102-19 by prezoning property
west of Calloway Drive between Rosedale
Highway and Meacham Road (Calloway No.
5 Annexation). (Ward 4)
Co
Ordinance amending Section 17.08.150 of
Title 17 of the Bakersfield Municipal
Code relating to special dwelling
setbacks.
Ordinance amending Section 14.16.020
of the Bakersfield Municipal Code
relating to sewer service to County
residents. (Wards 1 - 7)
Ordinance repealing Section 12.044.035
of the Bakersfield Municipal Code
relating to sidewalk food sales and
adding Chapter 5.45 to the Bakersfield
Municipal Code relating to sidewalk
pushcart food vendors.
Ordinance amending Section 3.20.126 of
the Bakersfield Municipal Code relating
to leases of city-owned property.
Motion by McDermott to adopt Items a.
through f. of Deferred Business.
ORD 3518
ORD 3519
ORD 3520
ORD 3521
ORD 3522
ORD 3523
APPROVED
12. NEW BUSINESS
Ordinance amending Section 1.12.010
and 1.12.060 of the Bakersfield
Municipal Code relating to ward
boundaries. (Wards I & 6)
FR
Bakersfield, California, April 28, 1993 - Page 9
12. NEiNBUSINESS continued
ACTION TAKEi~
eo
fo
Ordinance amending Title 17 of the
Bakersfield Municipal Code and
Zoning Map No. 104-30 by prezoning
property at the southeast corner of
Morning Drive and College Avenue
(College No. 5 Annexation). (Ward 3)
Ordinance amending Title 17 of the
Bakersfield Municipal Code and Zoning
Map No. 123-11 by changing the zoning
of 6.5 acres located on the northwest
corner of Wilson Road and South Real
Road from a PCD Zone (61,000 square
foot neighborhood shopping center) to
a PCD Zone (65,000 square foot
supermarket). (Ward 6)
Ordinances adding Chapters 8.34 and
8.35 to the Bakersfield Municipal
Code relating to stormwater system.
(Wards I - 7)
Ordinance amending Chapter 5.06 of the
Bakersfield Municipal Code relating to
adult entertainment businesses.
(Legislative & Litigation Committee
Report No. 8-92)
Emergency Ordinance amending Emergency
Ordinance No. 3517 adding Chapter 9.36
to the Bakersfield Municipal Code
relating to graffiti prevention and
abatement.
Motion by Smith to adopt as Emergency
Ordinance.
FR
FR
FR
FR
ORD 3524
APPROVED
go
Purchase Agreement ($70,000) with
Castle & Cooke Development Corporation
for one acre of vacant land located on
Buena Vista Road for a future fire
station site. (Ward 4)
AGR 93-86
DEED 3697
Motion by Brunni to approve Agreement. APPROVE
201
Bakersfield, California, April 28, 1993 - Page 10
12. NEWBUSINESS continued
ACTION TAKEN
no
Certificate of Sufficiency of Petition
(Assessment District 93-1, Northeast
Sewer). (Ward 3)
Correspondence has been received from
George W. Nickel, Jr., dated April 27,
1993, and City Public Works Director,
Schulz, dated April 26, 1993, regarding
the proposed assessment district.
Public Works Director Schulz provided
background information.
PUBLIC STATEMENTS continued
The following individuals spoke in
support of the proposed assessment
district: Floyd Hinesley; Fred Porter,
Porter-Robertson Engineering; and Jim
Murphy, West Kern Corporation.
George W. Nickel expressed his concerns
regarding the proposed assessment
district.
12. NEWBUSINESS continued
Motion by Smith to accept Certificate
of Sufficiency.
Resolution determining to undertake
proceedings pursuant to Special
Assessment and Assessment Bond Act
for the construction and acquisition
of improvements without proceedings
under Division 4 of the Streets and
Highways Code (Assessment District
93-1, Northeast Sewer). (Ward 3)
Motion by Smith to adopt Resolution.
A~PROVED
RES 48-93
APPROVED
j o
Appropriation of $375,000 from the
Sewer Enterprise Fund to the Public
Works Capital Improvement Budget in
the Northeast Sewer Assessment
District Fund (Assessment District
93-1, Northeast Sewer). (Ward 3)
Motion by Smith to approve APPROVED
appropriation.
Bakersfield, California, April 28, 1993 - Page 11
12. NE%NBUSINESS continued
ACTION TAKE:N
McDermott stated that Olcese was
required to put up a deposit.
Resolution approving agreement and
appointing attorney for City of
Bakersfield Assessment District 93-1.
(Northeast Sewer) (Ward 3)
Motion by Smith to adopt Resolution.
RES 49-93
AGR 93-89
APPROVED
Resolution appointing engineer of work
and authorizing agreement for
assessment engineering services for
Assessment District 93-1 (Northeast
Sewer). (Ward 3)
Motion by Smith to adopt Resolution.
RES 50-93
AGR 93-87
APPROVED
Consultant's Agreement with Porter-
Robertson Civil Engineering for design
services related to the proposed
Northeast Sewer Assessment District
93-1. (Ward 3)
Motion by Smith to approve Agreement.
13. COUNCIL STATEMENTS
McDermott stated that at a meeting with the
County regarding providing incentive for
jobs in the Incentive Area of Bakersfield
the Kern County Economic Development
Director stated "I don't see what is in it
for the County if business locates in the
City." McDermott stated that the City of
Bakersfield is trying to help provide a
better economic climate for this community,
not simply for the City of Bakersfield. He
feels it is important to send a strong
message to the County that all residents of
Bakersfield are also residents of Kern
County and that the role of government in
this area is to provide for economic
development in our community, not simply
in your own backyard.
Brunni referred to the City Attorney a
letter from Pheasant Run Neighborhood
Committee for a response.
AGR 93-88
APPROVED
ABS KANE
Bakersfield, California, April 28, 1993
Page 12
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Brunni referred to Fire and Building
Departments, and Kern County Health
Department the property located at
201 Starmount Lane as a nuisance,
trashy with no water, etc.
Motion by Brunni to refer to Planning
Commission a letter from the Building
Industry Association regarding April 15,
1993 Planning Commission meeting.
FAILED
NS MCDERMOTT
EDWARDS
DEMOND
SMITH
KANE
SALVAGGIO
Brunni referred to City Attorney a
memorandum from Chief Assistant City
Attorney Skousen regarding exparte
communications applicability to Council
appointed commission, board and agency
members for response.
Brunni distributed information on Coalition
to protect private property rights. The
Coalition is having a demonstration May 15,
1993 and she invited Council to participate.
Motion by McDermott to refer to Urban
Development Committee the issue of
Building Industry Association's letter
regarding Planning Commission meeting
and agenda.
APPROVED
NS EDWARDS
DEMOND
SALVAGGIO
Edwards referred to the League Bulletin and
stated that the Legislative and Litigation
Committee cannot address all of the pieces
of legislation, and that a process is needed
so that legislation that is important to the
City can be gleaned from the bulletin and be
brought to the attention of the appropriate
people.
Tandy stated that they would do the best
they can with the staff available.
Smith requested a complete update on
Mesa Marin.
Bakersfield, California, April 28, 1993 Page 13
13. COUNCIL STATEMENTS continued
ACTION TAKEN
Brunni thanked City Attorney Lunardini
for Attorney Michael Alford's assistance.
DeMond stated the issue on legislation has
been an ongoing situation and has been
handled much more in depth in the last six
months. Perhaps legislation can be brought
to Council in synopsis form for a blanket
endorsement by the Council for the City
Manager to respond to at his discretion.
CLOSED SESSION continued
Motion by McDermott to recess to Closed
Session at 9:00 p.m.
A~PROVED
Closed Session action is reflected on Pages
l&2.
Motion by Brunni to adjourn Closed Session
at 9:40 p.m.
APPROVED
14.
ADJOURNMENT
Motion by Brunni at 9:44 p.m.
MAYOR of the City of Bakersfield,
APPROVED
CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield, CA
bz/nss
APRIL28.MIN
5/27/93 2:12pm